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CLERMONT COUNTY, Ohio (WXIX) – A murder suspect whose conviction in the stabbing death of his mother was overturned by an appeals court is pleading not guilty and not guilty by reason of insanity, new court records show.

Joshua Amburgy, 41, returns to a Clermont County courtroom Wednesday at 1:15 p.m. for a plea or sentencing hearing.

His public defender filed court papers Tuesday claiming Amburgy is “not now competent to stand trial” and asked the court to “order a psychiatric evaluation of his current mental state.”

Previous court records show his competency was questioned when the case originally came before the court, but he was ultimately found competent to stand trial.

His convictions for aggravated murder and felonious assault were overturned last month because of an error by a veteran judge, court records show.

Because his conviction was overturned, his public defender wrote in court records that his previous pleas of not guilty and not guilty by reason of insanity “must be automatically reinstated. However, as a precautionary measure, (Amburgy) hereby re-enters his previous pleas of not guilty and not guilty by reason of mental health…”.

Ohio’s 12th District Court of Appeals ruled Clermont County Common Pleas Court Judge Victor Haddad failed to advise Amburgy of his constitutional rights during his grievance hearing last year, according to a copy of their Oct. 7 decision.

Amburgy pleaded guilty on October 16, 2023 to charges of aggravated murder and felonious assault in the November 1, 2022, stabbing death of his mother, Melissa Amburgy, 58, in the basement of their Miami Township home.

Judge Haddad, who is one of the most experienced judges in the Tri-State, sentenced him to 41 years in prison.

The Court of Appeal reversed Amburgy’s guilty pleaswhich overturned both his conviction and sentence and returned the case to Haddad’s courtroom.

The judge blamed the reason for his error on Joshua Amburgy’s numerous outbursts in court, including on the day of his plea hearing, according to our news partners at The Cincinnati Enquirer.

Amburgy is being held without bail at the Clermont County Jail pending the outcome of the case.

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